The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2014-09-17; vol. 79 # 180 - Wednesday, September 17, 2014

79 FR 55645 - Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Arizona; Redesignation of Phoenix-Mesa Area to Attainment for the 1997 8-Hour Ozone Standard

The Environmental Protection Agency (EPA) is approving, as a revision to the Arizona state implementation plan, a request from the Arizona Department of Environmental Quality to redesignate the Phoenix-Mesa ozone nonattainment area to attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS or “standard”) because the request meets the statutory requirements for redesignation under the Clean Air Act. EPA is also approving the State's plan for maintaining the 1997 ozone standard in the Phoenix-Mesa area for 10 years beyond redesignation, and the inventories and related motor vehicle emissions budgets within the plan, because they meet the applicable requirements for such plans and budgets.

2014-09-03; vol. 79 # 170 - Wednesday, September 3, 2014

79 FR 52205 - Designation of Areas for Air Quality Planning Purposes; State of Arizona; Pinal County and Gila County; Pb

In accordance with section 107(d)of the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is redesignating the Hayden area, which encompasses portions of southern Gila and eastern Pinal counties, Arizona, from “unclassifiable” to “nonattainment” for the 2008 national ambient air quality standards (“NAAQS” or “standards”) for lead (Pb). EPA's redesignation of the Hayden area is based on recorded violations of the Pb standards at the Arizona Department of Environmental Quality's (ADEQ's) Globe Highway monitoring site, located near the towns of Hayden and Winkleman, Arizona, and additional relevant air quality information. The effect of this action will be to redesignate the Hayden area to nonattainment for the Pb standards and thereby to impose certain planning requirements on the State of Arizona to reduce Pb concentrations within the Hayden area, including, but not limited to, the requirement to submit, within 18 months of redesignation, a revision to the Arizona state implementation plan (SIP) that provides for attainment of the Pb standards as expeditiously as practicable, but no later than five years after the effective date of this redesignation.

The Environmental Protection Agency (EPA) is approving the State of Delaware's requests to redesignate to attainment the Delaware portion of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area (hereafter “the Philadelphia Area” or “the Area”) for both the 1997 annual and the 2006 24-hour fine particulate matter (PM 2.5 ) National Ambient Air Quality Standards (NAAQS or standards). EPA is also approving as revisions to the Delaware State Implementation Plan (SIP), the associated maintenance plans to show maintenance of the 1997 annual and the 2006 24-hour PM 2.5 NAAQS through 2025 for the Delaware portion of the Area. EPA is also proposing to approve the motor vehicle emissions budgets (MVEBs) included in Delaware's maintenance plans for the Delaware portion of the Area for both the 1997 annual and 2006 24-hour PM 2.5 standards. EPA is also determining that the Delaware portion of the Philadelphia Area continues to attain both the 1997 annual and the 2006 24-hour PM 2.5 NAAQS. In addition, EPA is approving the 2007 emissions inventory for the Delaware portion of the Area for the 2006 24-hour PM 2.5 NAAQS. These actions are being taken under the Clean Air Act (CAA).

2014-07-28; vol. 79 # 144 - Monday, July 28, 2014

79 FR 43655 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Bellefontaine Area To Attainment of the 2008 Lead Standard

This direct final rule is effective September 26, 2014, unless EPA receives adverse comments by August 27, 2014. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the

40 CFR Parts 52 and 81

Summary

On October 29, 2013, the Ohio Environmental Protection Agency (OEPA) submitted a request for the Environmental Protection Agency (EPA) to redesignate the Bellefontaine nonattainment area to attainment for the 2008 national ambient air quality standards (NAAQS or standards) for lead. EPA determined that the Bellefontaine area meets the requirements for redesignation and is also approving several additional related actions. EPA is approving, as revisions to the Ohio state implementation plan (SIP), the state's plan for maintaining the 2008 lead NAAQS through 2025 for the area. EPA is approving the 2010 emissions inventory for the Bellefontaine area, which meet the comprehensive emissions inventory requirement of the Act. EPA is approving to take these actions in accordance with the Clean Air Act (CAA or Act) and EPA's implementation regulations regarding the 2008 lead NAAQS.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 81after this date.

2014-09-17; vol. 79 # 180 - Wednesday, September 17, 2014

79 FR 55645 - Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Arizona; Redesignation of Phoenix-Mesa Area to Attainment for the 1997 8-Hour Ozone Standard

The Environmental Protection Agency (EPA) is approving, as a revision to the Arizona state implementation plan, a request from the Arizona Department of Environmental Quality to redesignate the Phoenix-Mesa ozone nonattainment area to attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS or “standard”) because the request meets the statutory requirements for redesignation under the Clean Air Act. EPA is also approving the State's plan for maintaining the 1997 ozone standard in the Phoenix-Mesa area for 10 years beyond redesignation, and the inventories and related motor vehicle emissions budgets within the plan, because they meet the applicable requirements for such plans and budgets.

2014-09-05; vol. 79 # 172 - Friday, September 5, 2014

79 FR 53008 - Notice of Final Action on Petition From Sierra Club To Redesignate Newly Violating Ozone Areas as Nonattainment

The EPA's response to this petition was signed on August 15, 2014. Any petitions for review of the final letters denying the petition to redesignate 57 areas to nonattainment for the 2008 ozone NAAQS must be filed in the Court of Appeals for the District of Columbia Circuit on or before November 4, 2014.

40 CFR Part 81

Summary

The U.S. Environmental Protection Agency (EPA) is providing notice that it has responded to a petition from the Sierra Club that requests the EPA to redesignate as nonattainment 57 areas with 2012 design values violating the 2008 national ambient air quality standards (NAAQS) for ozone. The petition also requests that the EPA set specific boundaries for the areas. The EPA Administrator denied the petition in letters to the signatories of the petition dated August 14, 2014. The letters explain the EPA's reasons for the denial and are available in the rulemaking docket.

2014-09-03; vol. 79 # 170 - Wednesday, September 3, 2014

79 FR 52205 - Designation of Areas for Air Quality Planning Purposes; State of Arizona; Pinal County and Gila County; Pb

In accordance with section 107(d)of the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is redesignating the Hayden area, which encompasses portions of southern Gila and eastern Pinal counties, Arizona, from “unclassifiable” to “nonattainment” for the 2008 national ambient air quality standards (“NAAQS” or “standards”) for lead (Pb). EPA's redesignation of the Hayden area is based on recorded violations of the Pb standards at the Arizona Department of Environmental Quality's (ADEQ's) Globe Highway monitoring site, located near the towns of Hayden and Winkleman, Arizona, and additional relevant air quality information. The effect of this action will be to redesignate the Hayden area to nonattainment for the Pb standards and thereby to impose certain planning requirements on the State of Arizona to reduce Pb concentrations within the Hayden area, including, but not limited to, the requirement to submit, within 18 months of redesignation, a revision to the Arizona state implementation plan (SIP) that provides for attainment of the Pb standards as expeditiously as practicable, but no later than five years after the effective date of this redesignation.

Comments must be received on or before September 29, 2014. Please refer to SUPPLEMENTARY INFORMATION for additional information on the comment period.

40 CFR Part 81

Summary

Notice is hereby given that the Environmental Protection Agency (EPA) has posted its responses to state and tribal designation recommendations for the 2012 primary annual fine particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS) on the agency's Internet Web site. The EPA invites the public to review and provide input on its responses during the comment period specified in the DATES section. The EPA sent its responses directly to the states and tribes on or about August 19, 2014. These responses focus on designating as “nonattainment” certain areas of the country where air monitoring data from 2011-2013 indicate violations of the 2012 primary annual PM 2.5 NAAQS. The EPA intends to make final designation determinations for the 2012 primary annual PM 2.5 NAAQS for most areas of the country in December 2014. This notice also announces the EPA's decision to extend the designation period by up to 1 year to December 2015 for a limited number of areas for which insufficient information is currently available to promulgate designations.

The petitions for reconsideration and stay request were denied August 14, 2014.

40 CFR Part 81

Summary

The Environmental Protection Agency (EPA) is providing notice that it has responded to two petitions for reconsideration of a rule published in the Federal Register on August 5, 2013, that promulgated the initial air quality designations for the 2010 Primary SO 2 National Ambient Air Quality Standard (NAAQS) for certain areas in the United States. The rule is titled “Air Quality Designations for the 2010 Sulfur Dioxide (SO 2 ) Primary National Ambient Air Quality Standard.” One petition was submitted by the Treasure State Resource Industry Association and Yellowstone County, and the other petition was submitted by the Montana Sulphur and Chemical Company (the Petitioners). The EPA carefully considered these petitions and supporting information, along with information contained in the rulemaking docket, in reaching decisions on these petitions. The EPA denied the petitions for reconsideration in separate letters to the Petitioners dated August 14, 2014. The letters explain the EPA's reasons for the denials. One of the Petitioners also requested that the EPA stay the effectiveness of the designations rule, pending reconsideration. Because the EPA denied the reconsideration requests, the EPA also denied the stay request.

The Environmental Protection Agency (EPA) is proposing to approve the State of Maryland's request to redesignate to attainment the Maryland portion of the Martinsburg-Hagerstown, WV-MD Nonattainment Area (Martinsburg Area or Area) for the 1997 annual fine particulate matter (PM 2.5 ) national ambient air quality standard (NAAQS). The Maryland portion of the Martinsburg Area is comprised of Washington County, Maryland. EPA has determined that the Martinsburg Area attained the standard and continues to attain the standard. In addition, EPA is proposing to approve, as a revision to the Maryland State Implementation Plan (SIP), the Washington County maintenance plan to show maintenance of the 1997 annual PM 2.5 NAAQS through 2025 for the Maryland portion of the Area. The maintenance plan includes the 2017 and 2025 PM 2.5 and nitrogen oxides (NO X ) mobile vehicle emissions budgets (MVEBs) for Washington County, Maryland for the 1997 annual PM 2.5 NAAQS, which EPA is proposing to approve for transportation conformity purposes. These actions are being taken under the Clean Air Act (CAA).

2014-08-06; vol. 79 # 151 - Wednesday, August 6, 2014

79 FR 45735 - Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, and Virginia; Approval of the Redesignation Requests and Maintenance Plan of the Washington, DC-MD-VA Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard

The Environmental Protection Agency (EPA) is proposing to approve the requests from the District of Columbia (the District), the State of Maryland (Maryland), and the Commonwealth of Virginia (Virginia) (collectively “the States”) to redesignate to attainment their respective portions of the Washington, DC-MD-VA nonattainment area (hereafter “the Washington Area” or “the Area”) for the 1997 annual fine particulate matter (PM 2.5 ) National Ambient Air Quality Standard (NAAQS or standard). EPA is also proposing to approve as a revision to their respective State Implementation Plans (SIPs) the common maintenance plan submitted by the States to show maintenance of the 1997 annual PM 2.5 NAAQS through 2025 for the Washington Area. The Washington Area maintenance plan includes motor vehicle emissions budgets (MVEBs) for PM 2.5 and nitrogen oxides (NO X ) for the Area for the 1997 annual PM 2.5 standard, which EPA is proposing to approve for transportation conformity purposes. These actions are being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is approving the State of Delaware's requests to redesignate to attainment the Delaware portion of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area (hereafter “the Philadelphia Area” or “the Area”) for both the 1997 annual and the 2006 24-hour fine particulate matter (PM 2.5 ) National Ambient Air Quality Standards (NAAQS or standards). EPA is also approving as revisions to the Delaware State Implementation Plan (SIP), the associated maintenance plans to show maintenance of the 1997 annual and the 2006 24-hour PM 2.5 NAAQS through 2025 for the Delaware portion of the Area. EPA is also proposing to approve the motor vehicle emissions budgets (MVEBs) included in Delaware's maintenance plans for the Delaware portion of the Area for both the 1997 annual and 2006 24-hour PM 2.5 standards. EPA is also determining that the Delaware portion of the Philadelphia Area continues to attain both the 1997 annual and the 2006 24-hour PM 2.5 NAAQS. In addition, EPA is approving the 2007 emissions inventory for the Delaware portion of the Area for the 2006 24-hour PM 2.5 NAAQS. These actions are being taken under the Clean Air Act (CAA).

2014-07-28; vol. 79 # 144 - Monday, July 28, 2014

79 FR 43655 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Bellefontaine Area To Attainment of the 2008 Lead Standard

This direct final rule is effective September 26, 2014, unless EPA receives adverse comments by August 27, 2014. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the

40 CFR Parts 52 and 81

Summary

On October 29, 2013, the Ohio Environmental Protection Agency (OEPA) submitted a request for the Environmental Protection Agency (EPA) to redesignate the Bellefontaine nonattainment area to attainment for the 2008 national ambient air quality standards (NAAQS or standards) for lead. EPA determined that the Bellefontaine area meets the requirements for redesignation and is also approving several additional related actions. EPA is approving, as revisions to the Ohio state implementation plan (SIP), the state's plan for maintaining the 2008 lead NAAQS through 2025 for the area. EPA is approving the 2010 emissions inventory for the Bellefontaine area, which meet the comprehensive emissions inventory requirement of the Act. EPA is approving to take these actions in accordance with the Clean Air Act (CAA or Act) and EPA's implementation regulations regarding the 2008 lead NAAQS.

79 FR 43704 - Approval and Promulgation of Air Quality Implementation Plans; Ohio; Redesignation of the Bellefontaine Area to Attainment of the 2008 Lead Standard

On October 29, 2013, the Ohio Environmental Protection Agency (OEPA) submitted a request for the Environmental Protection Agency (EPA) to redesignate the Bellefontaine nonattainment area to attainment for the 2008 national ambient air quality standards (NAAQS) for lead. EPA is proposing to determine that the Bellefontaine area meets the requirements for redesignation and is also proposing to approve several additional related actions. EPA is proposing to approve, as revisions to the Ohio state implementation plan, the state's plan for maintaining the 2008 lead NAAQS through 2025 for the area. EPA is proposing to approve the 2010 emissions inventory for the Bellefontaine area, which meet the comprehensive emissions inventory requirement of the Act. EPA is proposing to approve these actions in accordance with the Clean Air Act and EPA's implementation regulations regarding the 2008 lead NAAQS.

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Nevada state implementation plan that provides for the maintenance of the national ambient air quality standard for particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers (PM 10 ) in Las Vegas Valley for the next ten years and to approve the related motor vehicle emissions budgets. Based in part on the proposed approval of the PM 10 maintenance plan, EPA is also proposing to approve the State of Nevada's request for redesignation of Las Vegas Valley to attainment for the PM 10 standard. Consistent with the assumptions of the maintenance plan, EPA is proposing to approve revisions to certain local fugitive dust rules to ensure their continued applicability after redesignation of the area to attainment. Lastly, EPA is proposing to delete the area designation for Las Vegas Valley for the revoked national standard for total suspended particulate because the designation is no longer necessary.